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K. SREENIVASA REDDY
Perla Gopinath Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. This Criminal Petition is filed to set aside the order dtd. 13/8/2021, passed by the I Additional Judicial Magistrate of First Class, Proddatur in Crime No.47 of 2020
2. On a report given by the 2nd respondent/de facto complainant, a case in Crime No.47 of 2020 was registered against the petitioner for the offence punishable under Sec. 306 IPC by the III Town Police Station, Proddatur. During the course of investigation, the investigating Officer summoned the de facto complainant and informed her that the accused/petitioner herein is highly influential and politically well connected in the State, as such it would be an exercise in futility for her to pursue the present case and to prosecute him. Later the Investigating Officer suggested the de facto complainant to enter compromise in the matter with the petitioner. Later the investigating officer without completing the investigation, in the most lackadaisical manner, filed final report stating 'action dropped'. The investigating officer did not examine some key witnesses and some incriminating documents relating to that case produced by the de facto complainant. Being dissatisfied and aggrieved by the conclusion arrived
The Magistrate has the authority to reject a final report and take cognizance based on the material available, even if it disagrees with the conclusion of the investigating agency.
A Magistrate lacks authority to conduct preliminary inquiries or investigations under Section 190, and must adhere strictly to the procedural mandates of the Criminal Procedure Code.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
The main legal point established in the judgment is that the Magistrate is not required to record reasons for issuing process at the stage of taking cognizance based on the police report. The judgmen....
The Magistrate must apply judicial mind when taking cognizance and issuing summons, ensuring sufficient grounds exist for proceeding with the case.
The main legal point established in the judgment is that the Magistrate is empowered to direct further investigation if the police investigation is found to be perfunctory, and the victim or close re....
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